26B-7-518. Penalties.
(1) If an enforcing agency determines that a person has violated the terms of a permit issued under this part, the enforcing agency may impose the penalties described in this section. If multiple violations are found in a single inspection by an enforcing agency or a single investigation by a law enforcement agency under Section, the enforcing agency shall treat the multiple violations as one single violation under Subsections,, and. 77-39-101 (2) (3) (4)
(2) Except as provided in Subsectionsand, if a violation is found in an investigation by a law enforcement agency under Sectionor an inspection by an enforcing agency, the enforcing agency shall: (3) (4) 77-39-101 on a first violation at a retail location, impose a penalty of $1,000; on a second violation at the same retail location that occurs within one year of a previous violation, impose a penalty of $1,500; on a third violation at the same retail location that occurs within two years after two previous violations, impose: a suspension of the permit for 30 consecutive business days within 60 days after the day on which the third violation occurs; or a penalty of $2,000; and on a fourth or subsequent violation within two years of three previous violations: impose a penalty of $2,000; revoke a permit of the retailer; and if applicable, recommend to a municipality or county that a retail tobacco specialty business license issued under Sectionorbe suspended or revoked. 10-8-41.6 17-78-1004
(3) If a violation is found in an investigation of a general tobacco retailer by a law enforcement agency under Sectionfor the sale of a tobacco product, an electronic cigarette product, or a nicotine product to an individual under 21 years old and the violation is committed by the owner of the general tobacco retailer, the enforcing agency shall: 77-39-101 on a first violation, impose a fine of $2,000 on the general tobacco retailer; and on the second violation for the same general tobacco retailer within one year of the first violation: impose a fine of $5,000; and revoke the permit for the general tobacco retailer.
(4) If a violation is found in an investigation of a retail tobacco specialty business by a law enforcement agency under Sectionfor the sale of a tobacco product, an electronic cigarette product, or a nicotine product to an individual under 21 years old, the enforcing agency shall: 77-39-101 on the first violation: impose a fine of $5,000; and immediately suspend the permit for 30 consecutive days; and on the second violation at the same retail location within two years of the first violation: impose a fine of $10,000; and revoke the permit for the retail tobacco specialty business.
(5) Except when a transfer described in Subsectionoccurs, a local health department may not issue a permit to: (6) a tobacco retailer for whom a permit is suspended or revoked under Subsectionor; or (2) (3) a tobacco retailer that has the same proprietor, director, corporate officer, partner, or other holder of significant interest as another tobacco retailer for whom a permit is suspended or revoked under Subsection,, or. (2) (3) (4) A person whose permit: is suspended under this section may not apply for a new permit for any other tobacco retailer for a period of 12 months after the day on which an enforcing agency suspends the permit; and is revoked under this section may not apply for a new permit for any tobacco retailer for a period of 24 months after the day on which an enforcing agency revokes the permit.
(6) Violations of this part, Section, or Sectionthat occur at a tobacco retailer location shall stay on the record for that tobacco retailer location unless: 10-8-41.6 17-78-1004 the tobacco retailer is transferred to a new proprietor; and the new proprietor provides documentation to the local health department that the new proprietor is acquiring the tobacco retailer in an arm's length transaction from the previous proprietor.